Allen v. Knights & Ladies of Security

Citations

• 108 Kan. 419
• 195 P. 616
• 1921 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Life Insurance — Proof of Death — Transcript of Coroner’s Proceedings Incompetent Evidence. A beneficiary certificate provided that it should be void if death of the certificate holder should occur as a consequence of his violating the law. A by-law of the society issuing the certificate required proof of death on prescribed blank forms. The forms prescribed required that, in case of violent death followed by a coroner’s inquest, a duly authenticated transcript of the proceedings should accompany proof of death. The certificate holder died by violence, an inquest was held, and an authenticated transcript of the proceedings accompanied proof of death. The testimony of witnesses given at the inquest indicated, and the verdict of the coroner’s jury was, that the deceased was accidentally shot while engaged in making an unlawful assault. In an action to recover on the certificate, the defendant offered the transcript in evidence. Held, the transcript was not admissible, either as independent evidence of the facts disclosed, or as an admission made in connection with proof of death.</p>